Terms and Conditions

Access to this web site (the "Web Site") is subject to and in accordance with the following terms and conditions. Please read these terms and conditions carefully before using this site.

These terms and conditions are between ("we/us/our") and you (on behalf of yourself and/or the company, member, or supplier for which you have registered) the user of this Web Site ("you").

On accessing the Web Site on this occasion and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities, services and information provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Web Site after changes are posted on-line will constitute acceptance of the new terms and conditions.

1. Statutory Rights
Nothing in these Terms and Conditions shall affect your statutory rights under the law of England.

2. Alterations
John Packer Ltd reserves the right, at any time and without prior notice, to remove or cease to supply any product or service contained on this website. In the event that such removal takes place we shall not be liable to you in any way whatsoever for such removal.

3. Applications for Products and Services
Prices, and details, of products and services (and any offers) posted online are subject to change without notice. All products and services are subject to availability and we give no guarantee in this regard.

Accompanying pictures of products are for illustrative purposes only, and we make no guarantee they are an exact interpretation of the product.

4. Payment
Orders made to John Packer Ltd are not immediately charged. Your order is first checked over carefully by the mail order department and only when your order is ready for dispatch will we charge your card.

5. Title to Goods
John Packer Ltd retains full title to all goods supplied until paid for in full. In the event of the customer's insolvency John Packer Ltd reserves the right to reclaim goods for which full payment has not been made.

6. VAT and other taxes
All prices are shown including VAT at the current applicable rate. Where VAT is applicable, it is shown in our website catalogues at UK rates even if you have registered as a non-UK customer.

We are required by law to collect VAT at UK rates on orders despatched to countries within the European Union.

7. Prices
We reserve the right to amend prices with no notice, however orders already placed for items in stock will be honoured.

8. Returns and Cancellation
Please call us before returning any goods.

If you change your mind, you must return the products to us (at your own risk and cost) within 14 days of notifying us of the cancellation of your order.

We will refund the full purchase price together with the standard delivery charge paid within 14 days of receiving the returned products. If you chose to pay for enhanced delivery, we will only refund the cost of standard delivery. You must, however, take care of the products before you return them. We may reduce the amount we refund to you if you damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value, i.e unwrap in the case of reeds. The cost of returning the goods to us will be at your cost.

If you do not pay for the cost of return then we may deduct the cost of retrieving the goods from any refund due to you in respect of the order. We recommend that you use a recorded delivery service for all returns.

You do not have the legal right to return any item we do not ordinarily stock and which has been bought in especially for you, unless it is faulty.

If the goods you receive are faulty please contact us immediately and return them to us in their original condition within 30 days and we will either repair or replace them, or refund the cost of the goods and the carriage to you.

If the goods you receive are not what you ordered, please return them to us in their original condition within 30 days and we will either replace them with the goods you ordered, or refund the cost of the goods and carriage to you.

If a refund is due to you it will be made expeditiously and within 10 days.

9. Non-delivery of goods
If your goods are not delivered to you within 7 days of the despatch date you must notify us immediately, otherwise we cannot accept responsibility for the lost goods. You will be notified of the despatch date by e-mail shortly after we send the goods.

10. Damage in transit
Any claim arising from damage in transit must be made to John Packer Ltd immediately upon receipt of the goods. When taking delivery of orders, please sign and write unchecked.

Goods seen to be damaged should be signed "Damaged in transit" and packaging materials should be preserved for inspection. Damaged goods must be reported immediately upon delivery otherwise John Packer Ltd cannot accept responsibility.

11. Privacy
We are committed to protecting your privacy. All the information you give us is collected lawfully and in accordance with current Data Protection legislation and is collected only for the purpose of processing your order and collecting information for our own marketing purposes. All the information you give us when you register, or when you place an order, is treated as confidential and we will not share any of this information with any third party, unless you give us your express permission to do so.

12. Complaints
If you have any complaint about our service, please contact us on 01823 282386 or sales@johnpacker.co.uk. We will treat your complaint fairly and confidentially, and we will endeavour to respond to all complaints as a priority.

13. Governing Law
All website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are copyright John Packer Ltd, or their content and technology providers. All rights reserved. Any other use of materials on this website without the prior written permission of John Packer Ltd is strictly prohibited.

14. Changes to Terms and Records of Agreements
We reserve the right to change these terms and conditions at any time by posting changes on the website. It is your responsibility to review the website terms and conditions regularly to ensure you are aware of the latest terms and conditions.
Your use of this website after a change has been posted will be deemed to signify your acceptance of the modified terms and conditions.

15. Disclaimer
TO THE FULLEST EXTENT PERMITTED AT LAW, JOHN PACKER LTD IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. IN ADDITION, JOHN PACKER LTD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
Price, specification and availability information is subject to change without notice.
Except as specifically stated on this website, to the fullest extent permitted at law, neither John Packer Ltd nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, John Packer Ltd does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of John Packer, its affiliates, directors, employees or other representatives.

16. Company Details
All returns and correspondence should be sent to our offices in Wellington as follows:

1. Period of rental. You agree to rent the goods until the end of the minimum rental period stated overleaf or until expiry of any notice period whichever is the later.

2. Payment. By signing this agreement you agree to make payments, as set out overleaf, by the specified dates direct to our bank account. You agree that in the event of your default that we can deduct the appropriate amount from the credit card detailed overleaf. Likewise for any other sums that might become outstanding during the currency of this agreement.

3. Variation of charges. We reserve the right to vary the rentals at any time to take account of a change in the rate of VAT. You will notified in writing of any change in this respect.

4. Failure to pay on time. Goods are not insured and will not be maintained during periods of arrears. We have the right to charge interest at a rate of 10% per annum which will be calculated on a daily basis pro rata between the date the payment(s) falls due until payment(s) is received.

5. Place where goods are kept. Whilst you may take the goods out of your property for the purposes of school lessons, concerts etc., you should keep the goods at your place of residence as stated overleaf at all other times. They must not be left unattended elsewhere.

6. Care of the goods. You must use the goods in a careful and proper manner and keep them in working order. You may not interfere with the goods except where this is clearly to be deemed appropriate for the good upkeep of the goods.

7. Insurance against loss or damage. The instrument is covered against accidental loss or damage (including fire and theft) anywhere within the UK until such time as it is purchased or returned to John Packer Ltd. An excess of £50 will be applied in all cases of loss or damage to an instrument. Cover does not include: damage due to misuse; abuse; negligence; repair or restoration (or cost of same) by party or parties other than John Packer Ltd.; effects of climate or extremes of temperature; items left in unattended vehicles; theft by any person to whom the instrument is entrusted. Insurance cover only applies during the currency of this agreement and given that all the terms and conditions thereof have been adhered to. Settlement will be based on repair or replacement at our discretion.

8. Maintenance. You must notify us when the goods require maintenance or adjustment. We undertake within the terms of this agreement to maintain the instrument in good working order. This does not include repairs or restoration due to misuse, abuse or negligence. All repair, restoration or servicing must be carried out by our own staff. If, at any time, we decide that it is no longer practical to keep the goods in working order, we may either 1) replace the goods by other goods as similar as possible or identical to those replaced or 2) end this agreement by giving you 1 months’ notice in writing. If we end this agreement under section 2) you must let us collect the goods. You will not be liable for rentals falling due after such termination and will be entitled to recover any rental paid in advance in respect of the period falling after the termination. This clause will not affect your statutory rights. You are responsible for any costs associated with getting the instrument to and from our premises for maintenance.

9. Voluntary Termination. You or we may end this agreement by giving one months’ notice in writing expiring at or after the end of the minimum rental period. You must then return the goods, or make them available for collection by us, at your expense.

10. Our further right to end the agreement. We may end this agreement and take back the goods, after giving you written notice, if at any time a) you fail to pay any amount within 14 days of its due date or commit any other breach of your obligations; b) you have an interim or bankruptcy order made against you or you petition for your own bankruptcy, or are served with a creditors demand under the Insolvency Act 1986 or the Bankruptcy (Scotland) Act 1985, or make a formal composition or scheme with your creditors, or call a meeting of them; c) execution is levied or attempted against any of your assets or income or, in Scotland, your assets are poinded or your wages arrested; d) the landlord of the premises where the goods are kept threatens or takes any step to distrain on the goods or, in Scotland, exercises his right of the Hypothec over the goods; e) you have given any false or misleading information in connection with your entry into this agreement; f) the goods are destroyed or the insurers treat the claim under the policy on a total loss basis.

11. Your liability if we end this agreement. If we end this agreement you must pay us all rentals up to the date when this agreement comes to an end. If we end this agreement under clause 11. before the expiry of the minimum hire period you must also pay us a sum equal to the rentals for the period remaining to the end of the minimum rental period less any rentals obtained by us during this period by reletting the goods and any other deduction which we may consider reasonable.

12. Expenses. You must repay on demand our expenses and legal costs for: a) finding your address if you change your address without first informing us or finding the goods if they are not at the address given by you; b) taking steps, including court action to recover the goods or to obtain payment for them.

13. General provisions. a) The word ‘goods’ includes any replacements, renewals or additions made to them by us or by you with our prior written consent. b) No relaxation of indulgence, which we may grant you, shall affect our strict rights under this agreement. c) We may transfer our rights under this agreement.

14. When this agreement takes effect. This agreement will only take effect if and when it is signed by us.

15. Goods Provided. Where we have ex-rental/demo stock available we will always send that as a first option so that you get the benefits of lower purchase prices. If you would like a new instrument to rent, please make sure you specify this on the rental form.

Please take the time now to read this carefully, as it details the terms and conditions by which this agreement is made. By taking the item(s) on Approval, you
are agreeing to these terms and conditions. If we have arranged this agreement by mail-order and you do not agree to these terms and conditions, you must
both contact us immediately to inform us and then return the item(s) specified on this agreement . Not doing so shall signify your acceptance of these terms
and conditions.

1. The Approval
1.1 We (John Packer Ltd.) agree to loan, on an approval basis, the item(s) listed hereon to The Customer.
1.2 Except with prior agreement, the item(s) are supplied for home/school testing and are not to be used in any professional capacity.
1.3 The Customer assumes all responsibility for the item(s) and shall not entrust them to a third party, except for the sole purpose of returning the
item(s) to us via an official courier company.
1.4 This agreement shall end on the “Due Date”, or when purchased or returned if that occurs before the “Due date”.
1.5 Should the item(s) remain in your possession after the “Due Date”, we shall take this as an indication of your intention to retain the item(s) and full
payment will be taken immediately.

2. Approval Fee
2.1 There is an approval fee per item, payable when you arrange the agreement. This fee is non-refundable and does not include carriage.
2.2 The approval fee includes insurance cover (see 3, below), administration and time for restoring returned item(s) to original condition.
2.3 The approval fee includes VAT and is calculated as follows:
2.4 Accessories only - minimum fee of £5 for the first item + £2.50 for each additional accessory.
2.5 Instruments only or instruments with accessories – minimum fee of £10 for the first instrument + £5 for each additional instrument and £2.50 for each accessory

3. Insurance
3.1 The item(s) shall be covered on our insurance policy subject to the terms and conditions below. There is an excess of £50 in the event of any
claim.
3.2 After the due date, the item(s) shall no longer be insured and you shall become fully liable for any damage or loss which may occur to the item(s)
whilst in your care.
3.3 The item(s) remain in your care and your sole responsibility until received by John Packer Ltd.
3.4 The insurance does not provide cover in the following instances:
i. Outside of the United Kingdom, AND
ii. Theft from an unattended vehicle, AND
iii. Loss or damage by a third party, including but not limited to, couriers, family, friends, teachers or anybody else not named on this agreement to
whom the item(s) are entrusted, AND
iv. Damage arising due to “wear and tear”, AND
v. Use in a professional capacity, unless specifically requested by you and formally agreed in writing by John Packer Ltd
vi. Loss or damage in transit while in the hands of third party carrier not organised by John Packer Ltd.
3.5 Should the item(s) be stolen, lost or damaged whilst in your care, you shall inform us immediately.
3.5.1 In the case of loss or theft, you shall provide us with a crime reference number obtained from the police.

4. Condition Report
4.1 You agree that the item(s) have been provided to you in the condition described
4.1.1 If you do not agree with the condition stated, you must inform us immediately. Not doing so may make you liable for repairs and/or restoration.
4.1.2 If we have despatched item(s) to you, and any item(s) appears damaged upon arrival, you shall inform us immediately. In addition you shall keep
all packaging materials with which the item(s) were sent in case this is needed by our insurers. Failure to inform us immediately may render you
liable for associated repair/replacement charges.
4.2 You shall return the item(s) to us in the same condition as listed under the condition report. Failure to do so may render you liable for associated
repair and/or restoration charges, including for damage arising from inadequate packaging.

5. Important Points of Care
5.1 Please remove hand and wrist jewellery while testing instruments. Items like rings, watches, bracelets, bangles, necklaces, belt buckles, buttons etc. can
cause damage to instruments. Restoration costs can be high and will be charged.
5.2 Wooden instruments need to be “played in” slowly to avoid cracking. Only play them for a maximum of half an hour at a time, dry them thoroughly after use,
and don’t leave them in places where temperature fluctuates.
5.3 Please use a protective patch on saxophone and clarinet mouthpieces and put tape on brass mouthpiece shanks. Charges will be made for tooth marks,
scratches, chips etc.
5.4 Please do not use the cleaning equipment/lubricants etc supplied with an instrument until you have committed to its purchase.
5.5 All instruments are thoroughly checked over and regulated by professional technicians before leaving our showroom. However, in the event of a problem,
please inform us immediately.

6. Purchasing Your Instrument
6.1 If you decide to purchase an item(s), you can do so by credit/debit card over the phone (01823 282386). Alternatively you can arrange a bank
transfer. Our account details are:- Sort Code: 30-98-45 Account Number: 01940084 Bank: Lloyds Branch: 31 Fore Street, Taunton.
6.2 All goods supplied on this agreement remain the property of John Packer Ltd. until paid for in full.
6.3 IMPORTANT: Failure to return or purchase the item(s) on or before the end of the approval period, and failure to notify John Packer Ltd. of any decision, will
be taken as an indication of intention to purchase and immediate payment will be due for ALL items on the agreement. Any credit/debit card details held by
John Packer Ltd. may be used for this purpose.
6.4 Purchasing via AIPS. Please be aware that schools, music services and Hubs can take time to process your application for purchase on an ex vat basis. We are unable to interfere or influence a transaction that is between yourself and the party administering the scheme on your behalf. It is therefore your responsibility to ensure that this processing happens with the minimum delay. We reserve the right to take payment for items if we feel that the delay has reached a period that is not fair or reasonable.

7. Returning the Instrument
7.1 You can return the instrument(s) in person or by post.
7.2 Please wipe off any fingerprints, surface marks and evidence of use before returning the instrument.
7.3 If posting, package the item(s) well with plenty of bubble wrap, flo-pack or crumpled paper. If we sent the item(s) to you, please re-use the original
packaging. Remember, it is your responsibility to return the item(s) to us in the same condition as you received them. Damage caused as a result of poor
packaging will be charged.
7.4 Send by Royal Mail Special Delivery (NOT Recorded Signed For), insuring the package(s) up to the necessary amount. You can use this service from any
Post Office. Instruments over £2,500 in value should be sent using an appropriate courier with adequate insurance. The instrument insurance which we
provide does NOT cover goods in transit.
7.5 You can call us to arrange a courier collection, but this will be charged for at the prevailing rate.

I, the Client, as owner of the above mentioned instrument, have the legal right to authorise John Packer Ltd. to complete listed repairs and
to sell the instrument, on my behalf, at the terms described above. I understand that a) repair costs will be charged upon their completion
b) I shall receive a remittance, following sale of the instrument, to the value of the selling price less the commission rate specified c) I can
collect the instrument at any time, subject to the conclusion of any outstanding financial matters d) John Packer Ltd recommend that I
maintain appropriate insurance cover e) John Packer Ltd will make every effort to sell this instrument on my behalf, but if they have not
been successful within 18 months, they reserve the right to contact me to arrange its return.
I agree that this instrument can be taken on approval by a third party subject to full insurance cover being in place.